What Is Considered Reckless Driving in California?

When someone drives recklessly, they knowingly put themselves and everyone on or near the road in danger.

Unlike most unintentional vehicle accidents, a reckless driver understands the risks and chooses to drive without caution. 

Reckless driving has serious consequences, and drivers should be held accountable for their deliberate actions that put others in danger.

If you have been injured in an accident involving a reckless driver, it is essential to know your legal rights.

In this article, the California car accident lawyers at Wells call Injury Lawyers go over reckless driving in California and your ability to pursue justice and compensation.

If you have questions, please contact us today. 

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What Is Considered Reckless Driving in California?

In California, reckless driving charges aren’t tied to a specific speed limit. Instead, they’re determined on a case-by-case basis. However, exceeding 100 miles per hour under any circumstance constitutes reckless driving in the state.

Though “reckless driving” is a relatively broad term that can apply to a number of different driving behaviors, California law defines a reckless driver as a “person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property.”

This law also applies to driving in an off-street parking facility. 

The phrase “willful and wanton” generally means that the driver behaved intentionally and with the knowledge that the behavior would likely result in harm. Some examples of reckless driving include:

• Excessive speed based on posted speed limits or road conditions;
• Changing lanes excessively during traffic and without proper signaling;
• Improper passing, including use of the shoulder; 
• Tailgating; 
• Failing to obey traffic signals such as stop signs;
• Intentional antagonizing another driver; and
• Driving in places where vehicles are not permitted, such as sidewalks or construction zones. 

What speed is considered reckless driving? In California, speeds reaching 100 miles per hour or more are generally considered reckless. 

Reckless driving in California is a misdemeanor offense.

If convicted, you could face:

• Up to 90 days in county jail
• A fine of up to $1,000
• Two points on your DMV driver’s license record

Causes of Reckless Driving Accidents

Reckless driving accidents often stem from drivers deliberately ignoring traffic laws and safety standards. This type of driving not only endangers the reckless driver but also puts every other motorist, pedestrian, and cyclist at risk. Here are some common causes of reckless driving accidents:

• Excessive Speeding: Driving well over the speed limit reduces reaction time and makes vehicle control difficult, increasing the risk and severity of accidents.
• Aggressive Driving and Road Rage: Actions like tailgating, frequent lane changes, and antagonizing other drivers escalate the risk of collisions.
• Street Racing: Engaging in unauthorized races on public roads leads to high-speed maneuvers and dangerous driving conditions, often resulting in severe accidents.
• Driving Under the Influence: Alcohol or drug impairment slows reaction times and impairs judgment, often resulting in reckless driving behavior.
• Distracted Driving: Behaviors like texting while speeding show willful neglect of road safety and can lead to serious accidents.
• Intentional Traffic Violations: Deliberate acts, such as ignoring traffic signals or passing in restricted zones, demonstrate a blatant disregard for the law and endanger everyone on the road.

Injuries Due to Reckless Driving

Reckless driving accidents can lead to severe, life-altering injuries. Because these collisions often occur at high speeds or involve intentional negligence, the injuries sustained are typically more serious than those seen in minor traffic incidents. Common injuries include:

• Traumatic Brain Injuries (TBI): Severe head trauma can cause concussions, brain swelling, or long-term cognitive impairments, requiring extensive medical treatment.
• Spinal Cord Injuries: High-impact collisions may lead to partial or complete paralysis, necessitating ongoing medical care and long-term support.
• Fractures and Broken Bones: Violent crashes can result in shattered or displaced bones, often requiring surgery and long recovery periods.
• Internal Injuries: Collisions can cause significant internal damage to organs like the liver, spleen, or lungs, requiring immediate medical intervention.
• Whiplash and Neck Injuries: Rear-end or high-speed impacts can cause chronic pain and limited neck mobility, often needing physical therapy.
• Severe Lacerations and Burns: Shattered glass, twisted metal, or vehicle fires can lead to deep cuts or burns, causing permanent scarring or disfigurement.
• Emotional and Psychological Trauma: Victims may experience PTSD, anxiety, or depression following the trauma of a reckless driving accident, affecting their overall well-being.

Can I File a Lawsuit Against a Reckless Driver?

There is a difference between accidental behavior, such as failing to see the car in front of you that stopped abruptly while traveling at low speeds, and intentionally street racing or swerving in traffic.

That is why there are different punishments for each. Reckless driving in California is a misdemeanor, and reckless drivers may face both a civil lawsuit to help the victim recover costs and a criminal case for intentionally breaking the law. 

If you were injured by a reckless driver, you might be entitled to compensation for your losses—such as medical expenses, lost wages, property damages, and pain and suffering—you sustained.

If the driver’s conduct was especially egregious (often the case with reckless driving), you might also receive punitive damages, though they are rarely awarded.

An experienced personal injury attorney can help you choose the best legal course of action for your specific situation.

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Contact a Top-Rated Reckless Driving Car Accident Attorney at Wells Call Injury Lawyers for a 100% Free Consultation Today

Voted the best law firm in Solano County, the injury attorneys at Wells Call Injury Lawyers understand how difficult it can be to navigate the California legal system.

If you are coping with a serious injury caused by a reckless driver, the last thing you need to be worried about is how to pay your bills.

Let us help you get the compensation you deserve to heal and move forward. Contact us to schedule an appointment for your free case review.

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